And never hit the car infront but fell due to trying to brake what can the person riding the motorcycle do now ?? also what can the driver of the car expect from this ??Driver was cited with a unsafe lane change ticket *** Motorcycle driver had road rash and a broken ankle I believe
In the US you can sue for anything at all. In this case, being a civil matter, you could easily file suit against a driver causing an accident even if no contact was made. Doesn't mean you'd win, but you can sue. Also doesn't mean you'd lose. Especially as regards civil matters (non-criminal) these things can and do go either way. I'd explain it all to my insurance company (assuming I was the biker) and I'm sure they'd sue if it looked good and they'd pay me for the damage either way.
Probably not much. Since there was no contact with the car, the crash damage was mostly the result of the rider of the motorcycle not being able to keep his bike upright during an emergency braking maneuver. That's called failure to control and often results in a ticket, regardless of the situation. Also, the vehicle in the rear of a two car accident usually is at fault for not giving enough room to stop. It's called tailgating and is illegal because it's dangerous. You aren't clear as to which driver got the ticket - the motorcycle rider or the car driver. If the car driver got the ticket, I would make a claim on their insurance ans see what happens. If the motorcycle driver (they are usually called riders) got the ticket, there is no hope for a claim on the car's insurance. I'm guessing since one person already got a citation, there will be no more citations in this case. The officer has already made their decision as to who was at fault.
The motorcycle rider failed to maintain control of his/her vehicle, and is responsible for his/her own injuries. I suppose it's possible that one could sue for damages because the unsafe lane change contributed to the cause of the accident, but the only people who would end up making money on the deal would be the lawyers.
